Chapter 13. Fire Protection and Prevention

No person shall place or permit to remain an obstruction of any kind whatsoever in or upon any fire escape, hallway, passageway, stairway, window, doorway, alley, driveway or premises which would hinder or block access or egress of the occupants of any building or members of the fire department in case fire should occur.

(Ord. No. 2080, § 1, 2-3-1975)

The fire chief shall be authorized to designate fire lanes which shall be clearly posted indicating such designation. It shall be unlawful to block, obstruct or in any way hinder free access through such designated fire lanes by the parking of motor vehicles or the placing of other obstructions therein.

(Ord. No. 2080, § 2, 2-3-1975)

No firefighting equipment, vehicles, or firefighters of the city shall go outside the city limits of the city to fight or to participate in fighting a fire or to furnish first aid, except as follows:

(a) Any fire equipment, vehicles and firefighters may answer a call for assistance from the cities of Houston, West University Place and Southside Place, or any of them, leaving, however, a sufficient amount of equipment, vehicles and firefighters on duty in Bellaire to furnish Bellaire with reasonable protection in the judgment of the fire chief or other person on duty in active charge of the fire department at the time any such request for assistance is made.

(b) Any fire equipment, vehicles and firefighters may answer a call to go to the assistance of any home or building lying in the area bounded by Bissonnet Street on the north, Alder Drive on the west, Evergreen Street on the south, and Mapleridge Street on the east, leaving, however, a sufficient amount of equipment, vehicles and firefighters on duty in Bellaire to furnish it reasonable protection in the judgment of the fire chief, or other person on duty in active charge of the fire department at the time any such request for assistance is received.

(Ord. No. 739, § 1, 4-28-1954)

The owner or occupant of a structure, vehicle, or property to which the Bellaire Fire Department provides fire suppression, emergency rescue or hazardous material clean-up and control (collectively referred to in this article as emergency response services) or any person that causes the need for the Bellaire Fire Department to respond and/or provide any emergency response service (the "responsible party") shall pay the cost of such service. The fire chief or designee shall send an invoice to the owner, occupant, or other responsible party for costs incurred in performing emergency response services. The city manager is hereby authorized from time to time to set and establish an itemized billing fee schedule for emergency response services. The city manager shall file with the city clerk a schedule establishing the fees as herein provided. The schedule of the city manager filed with the city clerk shall be prima facie evidence of the fees established and shall have the same legal effect as if adopted by ordinance of the city council.

(Ord. No. 10-034, § 1(App. A), 5-17-2010)

(a) Fees shall be collected for services provided inside the city limits as well as those provided outside the city limits.

(b) Fees that are the result of any actions or services listed in this article are ultimately the responsibility of the property owner, provided that the fire chief or designee may invoice any other person, including the occupant, determined to cause the need for provision of the emergency response services.

(c) Fees are due and payable by the person charged with said fees within seven days of receipt of an invoice from the fire chief or designee.

(d) The fire chief or designee shall keep records of the costs incurred in performing emergency response services and shall coordinate with other departments of the city as necessary to collect the fees authorized by this article.

(Ord. No. 10-034, § 1(App. A), 5-17-2010)

Calls for emergency response service by residents of Bellaire and cities with which Bellaire has an automatic aid agreement shall not be subject to emergency response service fees.

(Ord. No. 10-034, § 1(App. A), 5-17-2010)

It shall be unlawful for any person to fail to pay an emergency response service fee due and owing under this article. Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum set forth in section 1-10. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ord. No. 10-034, § 1(App. A), 5-17-2010)

There is hereby adopted for the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion and preventing the same, the fire prevention code hereinafter set forth.

(Ord. No. 1435, § I, 3-15-1965)

It is the intent of this Code to prescribe regulations consistent with nationally recognized good practice, for the safeguarding to a reasonable degree, of life and property from the hazards of fire and explosion from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. Compliance with this Code and standards of the National Board of Fire Underwriters or other approved nationally recognized safety standards shall be deemed to be prima facie evidence of compliance with this intent.

(Ord. No. 1435, § I, 3-15-1965)

The 2024 edition of the International Fire Code, including appendices D, E, F, G, H, I, J, K, M, N, and O, as adopted and published by the International Code Council, Inc., is hereby adopted as the fire code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions, and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the fire code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council of the City of Bellaire, Texas, amending the Code.

(Ord. No. 02-002, § 1(13-23), 1-21-2002; Ord. No. 25-112, § 2(App. B), 11-3-2025)

The city council shall have the discretionary power to modify the application of any of the provisions of the fire prevention code hereby adopted upon application in writing therefor by the owner or lessee of any property affected thereby, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided, that the spirit of the Code shall be observed, public safety secured, and the substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the city council thereon shall be entered upon the minutes and a copy of the same shall be furnished to the applicant.

(Ord. No. 1435, § XXI, 3-15-1965)

(a) The fire marshal, upon complaint of any person having an interest in any building or property adjacent to any other property or building, and/or with or without a written complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city, and make, or cause to be entered and made, a thorough examination of all buildings, together with the premises belonging thereto. Whenever he shall find any building or other structure which, for want of repair, or by reason of age or dilapidated condition, or for any cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein, and whenever he shall find an improper or dangerous arrangement of stoves, ranges, furnaces or other heating appliances of any kind whatsoever, including chimneys, flues, and pipes with which the same may be connected, or a dangerous arrangement of lighting devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, or combustible, inflammable and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the firemen or occupants, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of said building and premises.

(b) Any person who shall violate any of the provisions of the fire code hereby adopted, or shall fail to comply therewith, or shall violate or fail to comply with any order made by the fire marshal thereunder, or shall operate not in accordance with the provisions of any certificate, permit or approval issued thereunder and from which no appeal has been taken, or who shall fail to comply with such order, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine as set forth in the general penalty provision in section 1-10 of this Code, and the fire marshal is hereby authorized to issue citations for same.

(Ord. No. 26-039, § 1(App. A), 7-6-2026)

The use of fireworks as defined in the Code has been found to be so dangerous to the well being and safety of life, limb and property, that the presence of any such fireworks within the jurisdiction of the city is hereby declared to be a public nuisance.

(Ord. No. 1435, § VIII, 3-15-1965)

The manufacture of fireworks is prohibited in the city.

(Ord. No. 1435, § VIII, 3-15-1965)

It shall be unlawful for any person to store, offer for sale, expose for sale, sell any fire works, have in his possession with intent to give away, barter, sell or exchange, or offer for barter, sale or exchange any fireworks within the city.

(Ord. No. 1435, § VIII, 3-15-1965)

It shall be unlawful for any person to possess, cast, throw, fire or discharge any fireworks within the city. It shall be unlawful for any parent or guardian of any minor child to use, discharge, ignite, detonate, fire or otherwise set in action any fireworks within the city limits.

(Ord. No. 1435, § VII, 3-15-1965)

It shall be unlawful for any person to light or have lighted any fire in any street, alley, square, thoroughfare, public or private place outside any building, or to build, light or make any fire, deposit any hot ashes or embers or to do anything on premises liable to cause fire in the surrounding buildings. Fires under tar or asphalt barrels or kettles shall be permitted when such barrels or kettles are located a sufficient distance away from any building, fence or other combustible material so as not to be hazardous and the fires under same are properly enclosed so as not to permit flying sparks or embers, and when the location of same has been approved by the chief of the fire department or the fire marshal. Such fires under tar or asphalt, barrels or kettles shall be extinguished immediately when use of such wash pots, tar or asphalt barrels or kettles are discontinued.

(Ord. No. 1435, § IX, 3-15-1965)

No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless: (1) the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure, or (2) the fire is contained in an approved waste burner with closed top, located safely not less than 15 feet from any structure.

(Ord. No. 1435, § IX, 3-15-1965)

The chief of the fire department or the fire marshal may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such outdoor fires hazardous.

(Ord. No. 1435, § IX, 3-15-1965)

No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent.

(Ord. No. 1435, § IX, 3-15-1965)

Any person using a torch or other flame-producing device for removing paint from any building or structure shall provide one approved fire extinguisher or water hose connected to the water supply on the premises where such burning is done. In all cases, the person doing the burning shall remain on the premises one hour after the torch or flame-producing device has been used.

(Ord. No. 1435, § IX, 3-15-1965)

The use of a blow torch or any other flame-producing device, for the purpose of thawing frozen water piping within walls, attics, garages or foundation of any type structure is hereby prohibited.

(Ord. No. 1435, § IX, 3-15-1965)

All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, incinerators, fire boxes or boilers to which they are connected shall be constructed and maintained in such a manner as not to create a hazardous condition.

(Ord. No. 1435, § IX, 3-15-1965)

Commercial and industrial type incinerators used for burning of rubbish or other readily combustible solid waste material and flue-fed incinerators shall be provided with approved spark arresters or other effective means for arresting sparks and flying particles.

(Ord. No. 1435, § IX, 3-15-1965)

No burning shall be permitted before one hour after sunrise nor after one hour before sunset.

(Ord. No. 1435, § IX, 3-15-1965)

It shall be unlawful for any individual, partnership, corporation or association to burn, or to allow the burning of any junk autos, oil tanks, barrels, oil waste, vehicle tires, animal, fruit or vegetable matter or any other waste material which emits obnoxious smoke or odors, obnoxious to persons of ordinary sensibility either alone or in connection with any other burning.

(Ord. No. 1435, § IX, 3-15-1965)

In addition to paid staff, the City of Bellaire Fire Department includes volunteers to assist and support the fire department in any capacity as needed throughout the city.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

The City of Bellaire Fire Department shall endeavor to maintain a minimum of ten volunteers meeting the qualifications as set out herein or as prescribed by the fire chief of the City of Bellaire.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

Volunteers of the Bellaire Fire Department shall be appointed by the fire chief of the City of Bellaire, subject to certain criteria and qualifications as may be hereinafter set out or as shall be determined and promulgated by the fire chief of the City of Bellaire.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

Any person desiring to be selected as a volunteer firefighter to serve in the City of Bellaire Fire Department shall, in all things, comply with the City of Bellaire personnel policies and the provisions of the City of Bellaire handbook and shall make and file, as shall be directed by such policies or employee handbook, written application pursuant to the provisions contained therein.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

The Bellaire fire chief, assistant fire chief, volunteer shift commander, and volunteer captain shall receive and review all applications for volunteers in the City of Bellaire Fire Department. The fire chief of the City of Bellaire may use, as he/she sees fit, the recommendation of the assistant fire chief, volunteer shift commander, and volunteer captain in addition to other criteria as herein set out in the selection of volunteers who serve in the City of Bellaire Fire Department.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

Members of the City of Bellaire Fire Department will endeavor to see that each volunteer will become state certified at the earliest opportunity and/or be trained in the specific areas in which the volunteer will support the City of Bellaire Fire Department.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

Any person appointed as a member of the City of Bellaire Fire Department shall act under the supervision of the fire chief of the City of Bellaire when discharging official duties in such capacity.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

The fire chief of the City of Bellaire shall determine the number, date and length of drills and educational sessions as shall be necessary to maintain a proficient and dependable volunteer firefighting force, complying with standards set forth by the State of Texas and the City of Bellaire.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

The City of Bellaire shall provide the necessary equipment, as shall be deemed necessary by the fire chief of the City of Bellaire, to volunteers serving in the City of Bellaire Fire Department to operate in a safe and proficient manner.

Volunteer firefighters serving in the City of Bellaire Fire Department shall be summoned to fires and/or station duty by a specific call that will be determined and directed by the ranking commanding officer of the shift at the fire station.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

Volunteers serving in the City of Bellaire Fire Department shall be covered by an accident insurance policy providing comparable benefits to that of a worker's compensation policy in force and effective on August 1, 1978, disability compensation and other insurance as provided for by state law and federal law.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

Volunteers will abide by the City of Bellaire Fire Department's rules, regulations, policies, procedures and standard operating guidelines.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)

Volunteers will fall in line with the City of Bellaire Fire Department Organization Structure. Any officer position that is designated to be or may be filled with volunteers shall be appointed by the Bellaire Fire Chief.

(Ord. No. 19-052, § 1(App. A), 9-16-2019)